[Ws2-jurisdiction] Additional Document for upcoming meeting

[parminder]

Two issues about the OFAC doc:

First is a question, I understand that a general licence is given for a
particular sanction regime, say against X country. There is no provision
for a general licence that is standing, for a particular class of
activities (DNS related) and/ or a particular set or class of actors
(ICANN) that would automatically apply to every sanction regimes,
including new ones.

If indeed this be true, then there is no one time guarantee and
exemption that can be given to ICANN from OFAC, even if the US
administration be inclined to do so. ICANN have to keep asking for
exemptions under every new OFAC sanction regime, without any guarantee
that it will be given such exempting general license. Am I correct?

Second: It surprises me that there is no will here even to recommend
that ICANN does ask for a general licence of exemption for a given
sanction regime, only that it studies its processes, possibilities, etc.

This convinces me that the way many, including the chair, look at what
the mandate and purpose of this group is and what I take it to be are
quite different. People here seem to think that they should only given
such recommendations that US gov is highly likely to accept, and if the
likelihood is less than very high it is best to first explore such
likelihood before proceeding further. And only to proceed if such high
likelihood can be found.

This to me is very disparaging to the authority of this group, and its
members, which is supposed to be working on the behalf of the global
public and not of the US administration, as an advisory group to it. I
resent such devaluation of this group, and its mandate and authority
(which comes from its legitimacy of representing the interests of the
global public).I take the mandate and responsibility of the group to be
to recommend practical and sufficiently appropriate means that makes
ICANN accountable to all the global public and not just the US public,
through the jurisdiction of the US state.

parminder



On Wednesday 30 August 2017 01:07 PM, Greg Shatan wrote:
> All,
>
> As mentioned on the Plenary Call, the attached first draft
> recommendation regarding OFAC, assembled from the input of various
> participants, will be reviewed on the Subgroup call. 
>
> The Agenda will be amended accordingly.
>
> I look forward to comments from the Subgroup.
>
> Greg
>
>
> _______________________________________________
> Ws2-jurisdiction mailing list
> Ws2-jurisdiction at icann.org
> https://mm.icann.org/mailman/listinfo/ws2-jurisdiction

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